1617221 (Refugee)

The Administrative Appeals Tribunal reviewed the protection visa application of a Saudi Arabian national and his family. The applicant claimed he feared persecution upon return to Saudi Arabia due to his anti-monarchy and anti-corruption views, his objections to the manipulation of Islam by the authorities, and his past business dealings with a Saudi Prince who had threatened him. The Tribunal was required to determine whether Australia had protection obligations towards the applicant and his family.

The Tribunal considered the applicant's claims that he held dissenting political and religious views which, if known to the Saudi authorities, would likely result in severe punishment, including imprisonment or execution. A significant aspect of his claim involved a falling out with a former business partner, a Saudi Prince, who allegedly threatened the applicant and possessed the influence to have him arrested and harmed. The applicant also expressed concerns about being monitored by other Saudi nationals in Australia and feared repercussions for his family remaining in Saudi Arabia.

The Tribunal noted inconsistencies in the applicant's evidence regarding his relationship with the Prince, particularly concerning the sharing of political views. It also considered the applicant's return to Saudi Arabia in 2013, despite his stated fears, which he explained was for a family funeral and after being advised that his name was clear in the system. The Tribunal ultimately found that the matter should be remitted for reconsideration, indicating that the existing evidence and submissions were insufficient to make a final determination on the protection claims.